Bankrupts Act 1772
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| Act of Parliament | |
 | |
| Long title | An Act to continue an Act, made in the Fifth Year of the Reign of His late Majesty King George the Second, intituled, "An Act to prevent the committing of Frauds by Bankrupts," and for making Provision for discharging Bankrupts, in certain Cases, from their Imprisonment. |
|---|---|
| Citation | 12 Geo. 3. c. 47 |
| Territorial extent | Great Britain |
| Dates | |
| Royal assent | 3 June 1772 |
| Commencement | 21 January 1772[a] |
| Repealed | 21 August 1871 |
| Other legislation | |
| Amends | See § Continued enactments |
| Repealed by | Statute Law Revision Act 1871 |
| Relates to | |
Status: Repealed | |
| Text of statute as originally enacted | |
The Bankrupts Act 1772 (12 Geo. 3. c. 47) was an act of the Parliament of Great Britain that continued various older acts.
In the United Kingdom, acts of Parliament remain in force until expressly repealed. Many acts of parliament, however, contained time-limited sunset clauses, requiring legislation to revive enactments that had expired or to continue enactments that would otherwise expire.[1]
Provisions
Continued enactments
Section 1 of the act continued the Bankrupts Act 1731 (5 Geo. 2. c. 30), as revived and continued by the Continuance, etc., of Acts, 1735 (9 Geo. 2. c. 18) and as continued by the Continuance of Laws (No. 2) Act 1750 (24 Geo. 2. c. 57), the Continuance of Laws, etc., (No. 2) Act 1757 (31 Geo. 2. c. 35) and the Bankrupts, etc. Act 1763 (4 Geo. 3. c. 36), from the expiration of the act until the end of the next session of parliament after 29 September 1771.[2]
Section 2 of the act provided that all persons against whom a commission of bankruptcy had been issued should be confined in prison until they delivered up their effects, but that those who were in custody before 25 March 25 for debts incurred prior to their bankruptcy commission should be discharged if they had conformed to the bankruptcy laws, and furthermore that such discharged bankrupts could not be re-arrested for pre-commission debts, with sheriffs and other officers being indemnified for refusing to make such arrests.[2]
Section 3 of the act provided that bankrupts against whom a commission had been awarded before March 25, 1772, who had absconded or gone abroad from fear of long imprisonment (to the distress of their families and detriment of the kingdom), could be discharged from arrest for pre-commission debts if they had regularly submitted to the commissioners and conformed to bankruptcy statutes, by petitioning any judge after forty days of arrest, whereupon the judge could immediately discharge them upon proper summons, subject to all other bankruptcy law requirements.[2]